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High Court of TripuraCM Appl.(WP)/164/2015allowed

Madhu Chhanda Choudhuri v. The State Of Tripura And ORS

2015-06-03The Hon'Ble Mr. Justice S.C.Das1 pages

Case No :CM Appl.(WP) 0000164/2015 Party Name : MADHU CHHANDA CHOUDHURI Vs THE STATE OF TRIPURA & ORS THE HONBLE MR. JUSTICE S.C.DAS By filing this petition under section 152 of CPC, the petitioner prayed for correction of the error in the judgment and order dated 27.04.2015 in WP(C) 384 of 2014. Heard learned counsel Mr. P. Roy Barman for the petitioner; learned Addl. G.A., Mr. S. Chakraborty for the State-respondents and learned counsel Mr. P. Datta for the respondent No. 4.

It is submitted by learned counsel Mr. P. Roy Barman that in the cause title of the writ petition there was some mistake in respect of the relief the petitioner claimed. It was stated in the cause title that the petitioner was entitled to pay scale of Rs 2200-4000/- as per AICTE norms and to grant first CAS w.e.f. 01.07.1998 and the 2nd CAS w.e.f. on 01.07.2003. But in the prayer portion at page 23 of the of the writ petition, the petitioner stated that she should be given the relief of first CAS w.e.f. 01.07.2000 and 2nd CAS w.e.f 30.12.2006. While passing the judgment in Para 5 as well as in Para 15, the relief claimed and the relief allowed was mentioned in the manner as it was mentioned in the cause title. In Para 5 of the judgment it is mentioned that the petitioner is entitled to CAS-I w.e.f. 01.07.1998 and CAS-II w.e.f. 01.07.

1993. In Para 15 i.e. the relief granted to the petitioner it was mentioned in the same manner. It appears to be a mistake apparent on the face of the record and needs to be corrected for fair ends of justice. Accordingly in both the places of the judgment it should be read that the petitioner shall be entitled to CAS-I w.e.f 01.07.2000 and CAS-II w.e.f 30.12.2006. This order shall form a part of the judgment dated 27th April, 2015. CM application accordingly stands disposed of.